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A federal judge in Texas said on Friday that the Affordable Care Act's individual coverage mandate is unconstitutional and that the rest of the law must also fall."The Court ... declares the Individual Mandate ... unconstitutional," District Judge Reed O'Connor wrote in his decision. "Further, the Court declares the remaining provisions of the ACA ... are inseverable and therefore invalid."The case against the ACA, also known as Obamacare, brought by 20 Republican state attorneys general and governors, as well as two individuals. It revolves around Congress effectively eliminating the individual mandate penalty by reducing it to A federal appeals court handed the Trump administration a partial victory Monday, granting its emergency request to allow parts of its latest travel ban to go into effect while the appeal is pending.A three-judge panel -- all appointed by former President Bill Clinton -- on the 9th US Circuit Court of Appeals decided Monday to keep the lower court's order in place, freezing the ban, for foreign nationals who have a "close familial relationship" with a person in the United States, but granted the Trump administration's request to allow it to go into effect for everyone else.The 9th Circuit panel is set to hear oral arguments on the case on December 6.President Donald Trump signed an executive order in January banning foreign nationals from specific Muslim-majority countries from traveling to the United States, but the restrictions have been tied up in the legal system and have since been revised multiple times.In October, a federal judge in Hawaii blocked the third iteration of the travel ban one day before it was scheduled to take effect.At the time, Judge Derrick Watson said it "plainly discriminates based on nationality."The ban targeted foreign nationals from eight countries -- Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen -- with varying levels of restrictions.The second version of the travel ban, issued in March, had barred residents of six Muslim-majority countries -- Iran, Syria, Libya, Sudan, Somalia and Yemen. 1487 as part of the 2017 tax cut bill.The Republican coalition is arguing that the change rendered the mandate itself unconstitutional. They say that the voiding of the penalty, which takes effect next year, removes the legal underpinning the Supreme Court relied upon when it upheld the law in 2012 under Congress' tax power. The mandate requires nearly all Americans to get health insurance or pay a penalty.The Trump administration said in June that it would not defend several important provisions of Obamacare in court. It agreed that the zeroing out the penalty renders the individual mandate unconstitutional but argued that that invalidates only the law's protections of those with pre-existing conditions. These include banning insurers from denying people policies or charging them more based on their medical histories, as well as limiting coverage of the treatment they need.But the administration maintained those parts of the law were severable and the rest of the Affordable Care Act could remain in place.Because the administration would not defend the law, California, joined by 16 other Democratic states, stepped in. They argued that the mandate remains constitutional and that the rest of the law, in any event, can stand without it. Also, they said that eliminating Obamacare or the protections for those with pre-existing conditions would harm millions of Americans.In oral arguments in September, a lawyer for California said that the harm from striking down the law would be "devastating" and that more than 20 million Americans were able to gain health insurance under it.The lawsuit entered the spotlight during the midterm elections, helping propel many Democratic candidates to victory. Protecting those with pre-existing conditions became a central focus of the races. Some 58% of Americans said they trust Democrats more to continue the law's provisions, compared to 26% who chose Republicans, according to a Kaiser Family Foundation election tracking poll released in mid-October.The consumer protections targeted by the administration are central to Obamacare and transformed the health insurance landscape. Their popularity is one of the main reasons GOP lawmakers had such difficulty repealing Obamacare last year."Guaranteed issue" requires insurers to offer coverage to everyone regardless of their medical history. Prior to the Affordable Care Act, insurers often rejected applicants who are or had been ill or offered them only limited coverage with high rates.Under the law's community rating provision, insurers are not allowed to set premiums based on a person's health history. And the ban on excluding pre-existing conditions from coverage meant that insurers cannot refuse to pay for treatments because of a policyholder's medical background.All these provisions meant millions of people with less-than-perfect health records could get comprehensive coverage. But they also have pushed up premiums for those who are young and healthy. This group would have likely been able to get less expensive policies that offered fewer benefits prior to Obamacare. That has put the measures in the crosshairs of Republicans seeking to repeal the law and lower premiums.It's no wonder that politicians on both sides of the aisle promised to protect those with pre-existing conditions during the election. Three-quarters of Americans say that it is "very important" for the law to continue prohibiting health insurers from denying coverage because of medical histories, according to the Kaiser Family Foundation's September tracking poll -- 58% of Republicans feel the same way. And about the same share of Americans say it's "very important" that insurers continue to be barred from charging sick people more. 4383
A defamation case brought by a former "Apprentice" contestant against President Donald Trump will move forward after a New York judge on Tuesday denied a defense motion for a dismissal or for a continuance of the case until he leaves office.Summer Zervos, a former contestant on the NBC show, has accused Trump of sexually assaulting her in 2007. Trump has denied her claims, at one point dismissing Zervos' and another woman's accusations at a campaign rally, calling them "total fiction" and "all false stuff."Zervos claims Trump kissed her twice on the lips during a lunch meeting in his New York City office, and on a separate occasion in Beverly Hills, she alleges he kissed her aggressively and touched her breast.Lawyers for the President have "to answer within 10 days of notice of entry of this order," Judge Jennifer Schecter wrote.The statute of limitations for the alleged misconduct has long passed.So in January 2017, with attorney Gloria Allred by her side, Zervos tried a different legal approach. She sued for defamation, arguing that Trump injured her reputation by accusing her of lying.Trump lawyers filed a motion to dismiss the case, arguing that a president has immunity from such lawsuits in state courts. 1262
A lot of people depend on their service animals to help take care of them. But one Las Vegas woman said when her dog Luna began having trouble walking, she knew she had to go the extra mile to take care of her. Luna is a 10-year-old German Shepherd, emotional support animal and a lifesaver. Her owner is Sharlene Branche."She has saved my life so many times. Literally gotten me out of bed because of my breathing problems," Branche said.So when Branche noticed Luna wobbling as she walked, she became worried. "She has never whimpered. She has never cried, " Branche said. "She has never shown any kind of pain, but it's my turn, our turn for me and my husband to help her."X-rays found no issues with Luna's bones, spine or hips. Yet the problems with her walk persisted. Sharlene reached out to Urban Underdog Las Vegas, a nonprofit group for help. They shared Luna's story on their Facebook page. Cynthia Miyamoto said the response was overwhelming."So we posted it, and in less than about eight hours somebody had contacted us," Miyamoto said.Someone donated a brand new doggie wheelchair for Luna to help her get around better. Branche said she is overjoyed. "She's going to be able to go on her walks and her runs again. And I can't even thank this person enough!" Branche said. "So when we are fitting her with the harness and putting on her I literally started crying because I was so happy and excited," Miyamoto said after the delivery. 1517
A former Playboy model who allegedly had a nine-month affair with President Donald Trump is suing the company that kept her original account from publication, The New York Times reported Tuesday.The Times said Karen McDougal is suing to be released from an agreement mandating her silence.The report would make McDougal the latest woman to take legal action over an agreement restricting her from speaking out about an alleged relationship with the President prior to his time in government. The White House has said Trump denies the affair.Shortly before the presidential election, the Wall Street Journal published a story saying American Media Inc., the company that owns The National Enquirer, paid 0,000 to McDougal, but did not run her story in a tabloid maneuver known as "catch and kill." The contract, according to the Journal, did not require the Enquirer to run the story and required McDougal's silence.The New Yorker?published an article last month that referenced an eight-page document McDougal wrote about the alleged affair, which a friend provided to the magazine and McDougal confirmed.Adult film actress Stormy Daniels has taken Trump and his personal attorney, Michael Cohen, to court in an attempt to end a nondisclosure agreement that is alleged to require her to keep silent about an affair she had with Trump over a decade ago. Cohen and the White House have denied the affair.Cohen admitted last month to facilitating a payment to Daniels, whose legal name is Stephanie Clifford, and lawyers for both him and Trump have claimed Clifford has violated the nondisclosure agreement and could owe a monetary penalty of more than million.The Times report said McDougal's suit claims Cohen was "secretly involved" in her talks with American Media Inc., and outlines a number of similarities between the two. Both alleged affairs started in 2006, and both women originally shared the same attorney, Keith Davidson of Los Angeles.In response to the original Journal story about the Enquirer and McDougal, American Media Inc. denied paying to kill damaging stories about Trump.The news of McDougal's suit came as New York judge allowed a defamation case brought by Summer Zervos, who has accused Trump of sexual assault, to move forward by denying a defense motion to dismiss the case. 2376
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